DISTRICT AGRICULTURE OFFICER Vs. GUJARAT STATE LABOUR FEDERATION

JUDGEMENT

(1.) By way of present appeal under Clause - 15 of the Letters Patent, present appellants - original respondents - employer have challenged the order 29/4/2022 passed by learned Single Judge in captioned writ petition, by which, learned Single Judge, by relying upon the decision of Hon'ble Supreme Court in the case of P.W.D. Employees Union Vs. State of Gujarat reported in 2019 (15) SCC 248, has held that the employee namely Bharubhai Parsinghbhai Patel is entitled for the benefits as per the resolution dtd. 17/10/1988 issued by the State of Gujarat.

(2.) The short facts arise from the record as as under:

(3.) Ms. Chaitali Dave, learned advocate for present appellants - employer, would submit that learned Single Judge has committed error in allowing the petition even qua Bharubhai Patel. She would submit that learned Single Judge has committed error in holding that the employer had admitted that the employee has completed 240 days. She would submit that it has been specifically denied by the employer that any of the employee has worked for 240 days in each year. By taking us through the reply filed before the Labour Court, she would submit that though, it was specifically denied by the employees that none of the employee has worked 240 days and the same was accepted by the Labour Court, learned Single Judge ought not to have granted relief in favour of none of the employee. She, therefore, would submit that the appeal may be admitted.